The Land Compensation Board is a quasi-judicial board established by the Expropriation Act. 
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Application for Determination of Compensation (ADC) - FAQs
 
Minimize Who is eligible to file an application?
  1. When there is an expropriation, any party who falls into the definition of an ‘owner’ may file an Application for Determination of Compensation. An 'owner' is defined in section 1(k) of the Expropriation Act.
  2. When claiming compensation under other legislation, other processes may apply.
Minimize I have served my ADC on the Expropriating Authority and filed my ADC and affidavit with the Board, what happens now?

After an ADC is served, the Respondent has 21 days to serve its Reply. Once a Reply is received, either the Claimant or the Respondent can contact the Board to have the claim moved forward to a hearing. For more information, please see How to Apply.

Minimize How does the Board determine the amount of compensation payable?
  1. The Board will refer to sections 41 to 58 of the Expropriation Act when determining compensation.
  2. The principles of compensation are set out in section 42 of the Expropriation Act. Compensation must be based on: market value, damages attributable to disturbance, special economic advantage to the owner and damages for injurious affection.
Minimize What evidence do Board Members consider when deciding compensation?

Panels make decisions on issues based on the evidence presented by the parties at the hearing to support each party’s claims. Examples of types of evidence that are permitted to be introduced at a hearing include, but are not limited to:

  1. Verbal: witnesses must take an oath or affirmation that their evidence will be the truth. Witnesses can provide details about the property, expropriation, losses, expenses and costs incurred.
  2. Documents: such as cheque stubs or letters, are given to the Panel by a witness and are marked as exhibits at the hearing.
  3. Expert Reports: such as appraisals, business loss and valuation reports, and planning reports. Evidence may be provided through oral testimony, an affidavit, or a written report.
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This website provides general guidance only and is not offered as legal advice. Each case is unique. The details on this website may not apply to every case, or to future decisions of the Board. Please contact the Land Compensation Board office if you have any questions.